Annual Reporting and Audit Time Frames Extensions Legislation Bill
I move, That the Annual Reporting and Audit Time Frames Extensions Legislation Bill be now read a second time.
As I said in my first reading speech, this is a relatively simple bill. It extends the time frames for audits covered under the two Acts being amended, those being the Crown Entities Act and the Local Government Act, by two monthsâtwo monthsâfor the audit time frames in order to deal with what has been covered in the first reading debate: the impact of a shortage of available auditors with the appropriate expertise to be able to complete these audits. This is a simple bill, and therefore Iâm going to focus my comments in the second reading on correcting one or two of the matters that Iâve heard raised in the first reading, and also on making the point to the Mr Woodhouse and others that, for such an egregious bill in their eyes, they voted for it last year. So they voted for the same bill last year, but this year, apparently, itâs an egregious bill.
I want to turn to a number of the comments that have been raised. The first of those, and one thatâs been a common thread in a number of the Opposition speeches, is that somehow or other the Government is doing something here that it would not be prepared to do for any other agency. A number of members in the House may not have been present for my first reading speechâand I can do a bit more detail for the benefit of the Opposition nowâwhere, on 15 June, the Financial Markets Authority granted relief for private businesses, for the audits that they have in place. They also, along with the Inland Revenue, have been providing regular relief from various regulatory provisions that affect businesses throughout the last year and a half. The Government is here doing as the Auditor-General has requested: for this extension to be made for the Act for which the Auditor-General is responsible. So we are not doing as members across the House suggest. We are, in fact, merely doing what is within our powers, and the Financial Markets Authority have done what is within their powers to support those private businesses.
The other concern that seems to have been raised is that somehow or other this could have all been solved by simply opening up the border, and, by the way, that was a reasonably extraordinary contribution from the Hon Gerry Brownlee, who appeared to be advocating for a mass opening of the border, because thatâs the only way we could interpret that. What Mr Brownlee seems to have not picked up is that 17,000 critical workers have come through the managed isolation and quarantine system and are now working in New Zealand. We continue each day to see critical workers across many industries come into New Zealand. This issue would not be solved by that, Mr Brownlee. This issue is immediate. It needs to be dealt with now, and I want to thank all of the other parties in Parliament for the vote that was just cast on the first reading of this bill, because what that shows is that there is a level of understanding among members across the Houseâwith the exception of one partyâthat this is a situation that, while not at all desirable, is easily solvable, and it does not change anything other than the fact that there is a two-month extension to complete all of the audits that are required by the Auditor-General to complete, as was done last year.
The other issue that has been raised is this questionâand I do want to allude to itâof high staff turnover in the Office of the Auditor-General, or in the Audit Office. That is true, and the Auditor-General has acknowledged that in correspondence with myself and, indeed, I believe, with Mr Baylyâand I will return to the Auditor-Generalâs correspondence with Mr Bayly at a later point in this debate. But in that correspondence, itâs clear that there has been high staff turnover in the Audit Office. I would encourage the members of the Officers of Parliament Committee, the appropriate place for a discussion about the Audit Office and the Auditor-General, to take that matter up, if that is of concern to the Opposition. But the Auditor-General himself has been very open with myself and Mr Bayly about the fact that this is one of the contributory issues.
But the overall point is that there is a shortage of auditors across Australasia. The way in which the Audit Office manages the season of audits is to use private sector auditors to join the office. So even if the staff turnover issue in the Audit Office was not an issue today, the overall number of auditors available in Australasia is now the problem, and what we know from Australia is that they have about 1,000 vacancies and, from a survey conducted by the Chartered Accountants Australia and New Zealand, about 200 vacancies here in New Zealand. So the ability of the Audit Office to do what it would normally do and seek people from those private sector firms is also diminished as a result of the global shortage of auditors.
So this is a problem. We need to address the problem. Most of the parties in Parliament understand that this is a practical and pragmatic solution that the Auditor-General, an Officer of Parliament, has come to this Parliament to ask for. It is as simple as that. That is why we have a bill in front of us tonight. It should be able to pass through the House very quickly, if people take that kind of mature approach.
The question is that the motion be agreed to.
Madam Speaker, thank you. Well, I think some of the points that Mr Robertsonâs just been talking about need to be discussed, and I think the first thing is that to say that 17,000 skilled workers have been allowed through the border, and I presume thatâs over the last 14 months that he was quoting that figure from. Given there are about 2.5 million people employed in New Zealand, that represents 0.68 percent, or less than 1 percent, of all the people working in New Zealand.
I think if Mr Robertson was to properly engage, as I know he has been, in going around the country, and actually talk to the manufacturing people in places like Canterbury, talk to farmers, or to some people like the horticulture industry, even in my electorate in Pukekohe, or to a whole raft of other industriesâand Mr Brownlee talked about some that heâs aware ofâeveryone is crying out for skilled workers. That doesnât mean that weâre looking to replace whole stacks of people involved in various businesses or industries. What weâre asking for is a specific, targeted approach. Where there are operators of machinery, that may be one person who has a crucial skill who should be allowed into New Zealand, but right now cannot get into New Zealand because weâve got a Government that has locked down the borders.
Worse than that, theyâve not only locked down that but theyâre not even using all the managed isolation and quarantine (MIQ) facilities. There are reportedly 2,000 MIQ rooms that are not being utilised, and that is the issue. Why should the industry be forced to go through the trials and tribulations and absolute stress of not being able to operate their businesses?
Actually, a lot of them are telling me now theyâre having to turn away customer contracts. Theyâve been offered the work, but they simply cannot do it, because they do not have access to certain skilled staff. That is the crucial point that weâre talking about which a number of my colleagues have raised tonight. Weâre not talking about a wholesale opening of the borderâthatâs far from what weâre suggesting. What weâre talking about is using all the MIQ systems and rooms to bring people in. Make sure that they go through the proper quarantine, make sure theyâre COVID-tested, but make sure weâre prioritising the skilled workers that come into New Zealand, and utilise the 2,000 rooms that are sitting vacant. Thatâs the issue that weâre talking about tonight, and talking about 17,000 coming through the border is just a ridiculous proposition when not only are we waiting for skilled people but also weâve got many New Zealanders wanting to be reunited with their families.
ASSISTANT SPEAKER (Hon Jacqui Dean): Order! Order! Iâd invite the member to come back to the bill.
Yep. So that is a really, really crucial pointâthat we do need the skilled workers.
In terms of auditors in New Zealand, as the Minister himself quoted twice now, there is a shortfall of 200 auditors in New Zealand. Two hundred is not a lot of peopleâ200 accountantsâbecause, effectively, auditors are junior accountants, rising up to very senior accountants. But for many, many auditors, itâs the first job they get when they get their accounting qualification, or as part of getting their accounting qualification. We should be focused on the top end of those and allowing those types of people to come in. I imagine that out of the 200, there will be a varying level of expertise. The important people to use and to allow into the country would be the most skilled, and that is where the Government should have been putting its priority.
At the moment, weâve got a Government thatâs blind to that and thatâs said to every industry in New Zealandâall 325,000 businessesââHard luck. You just get on. Donât worry about getting that contract. Donât worry about that stress. You just pay workers more, if you can get them locally.â, which is obviously the big issue. But when it comes to a Government entity, it thinks it can just automatically pass a piece of legislation to give a special dispensation to one entity.
As Iâve said in my opening speech, we think the Audit Office does a wonderful job. It does a wonderful job and is very diligent in performing its duties. But simply for the Government to say, âLook, we are going to pass a special piece of legislation because our immigration strategy or policies havenât worked.â, it is just an outlandish proposition. Thatâs the first thing.
The second thing we havenât heard is the issue about why these auditors are actually leaving. That is about the terms of work conditions that these people work under at Audit New Zealand, and an element of that will be pay. If thereâs a short-term issue, I think the Government could have been much more proactive in terms of dealing with some of those issues that are leading to people leaving the Audit Office and going and joining the private sector or, perhaps, emigrating. That is the issue I think that we havenât also heard from the Government on. Why arenât they addressing that issue? Even if you pass this piece of legislation over the next 24 hours, there will be no doubt, if thereâs no other changes madeâit is almost inevitableâthat weâre going to see the Audit Office requiring a similar dispensation for next year, and possibly the year after, depending on where we go with COVID and depending on the level and type of immigration policy the Government wants to have in place at that point in time. So I think thereâs no creative thinking about the way that the Governmentâs approached this.
The third element, if you really wanted to be creative, would be a question of prioritising some of the work that Audit New Zealand should be focused on. My colleague the Hon Michael Woodhouse was talking about this in his first reading speech, talking about the wide range of work that Audit New Zealand is proposing to undertake in this financial year. One of the optionsâthe third optionâis to say to Audit New Zealand, âMaybe you should put on hold some of that work so you can focus on doing the audits.â Again, a responsible Government or a creative Government would have looked at those options. What we havenât heard, and havenât heard from any of the speeches given tonight, nor even from the Minister, is any of those things being canvassed. All we see is a blunt tool from the Government which is saying, âWe are going to pass a special piece of legislation to deal with this issue and this deficiency in the way that the immigration policies have been applied by the Government.â, and I think thatâs the crux of the matter.
Thatâs the crux of the matter, and thatâs why National has a fundamental issue with this urgent bill that weâre looking at tonight and tomorrow. We need the Government to be more receptive. Every business person watching and listening to this debate tonight will say, âIf theyâre doing it for one industry, why arenât they doing it for mine?â, and that is the stress that weâre putting on these people.
Weâve heard all about the training that the Minister for Social Development and Employment talked about earlier todayâdoing the mahi, as she likes to talk aboutâabout training up New Zealanders. Well, whereâs been the issue around helping train some of the early-stage auditors? What is the plan about that? Weâve heard nothing about training about that, or even the concept of trying to get these people working in organisations like Audit New Zealand.
We need to see people actually focus on trying to achieve a proper, enduring solution. Thatâs not what weâve heard from the Government tonight at all, and I think itâs very disappointing that the Government just resorts to a quick fix without actually dealing with the substantive issue that weâre all facing. Iâd just implore the Government members talking tonight to just bear in mind the electorates that they represent or the areas that they represent as a list MP, and just think through all the different companies and business activities that you know are going on in your area and just ask yourselfâ
ASSISTANT SPEAKER (Hon Jacqui Dean): Order! Order! The member must not bring the Speaker into the debate.
Sorry. I would ask each member to think: if we passed this bill tonight, is that fair on those businesses in the area where you represent? If you go back through the period of recess over the next three weeks and ask businesses whether this piece of legislation thatâs being passed tonight is fair on them, I think you will get an answer that is very firmly saying to you, âNo, that is not fair. You need to give us a fair shot and help us so that we can carry on and be successful as business people and continue to employ people and, hopefully, in time, employ even more people.â, which is really what we want to see in New Zealand.
Thank you, Madam Speaker. That was a nice lecture from Mr Bayly on immigration policy, but nothing about this bill. I imagine thatâs what weâll be up for all night tonight.
This bill is a simple bill. It gives the Auditor-General two more months to complete important work so that it can do all of its job properly, fully, and for the people of New Zealand. I commend this bill to the House.
I love second reading debates, except not from Labour members, because you never get anything out of them. But it does give us an opportunity to continue the contest of ideas, such that there were any from the Government backbenches.
But before I do, I want to just talk about a little thing that really, really grinds my gears and it comes from the Labour backbench all the time, and thatâs the so-called straw man argument. Now, for those listening who donât know what a straw man argument is, itâs a form of argument and an informal fallacy of having the impression of refuting an argument, whereas the real subject of the argument was not addressed or refuted but, instead, replaced with a false one.
I think Dr Duncan Webb has many talents, but his ability to articulate and argue a straw man argument, as evidenced by that first reading speechâthere was nothing in his second reading speech, so there were no straw man arguments or any arguments, in that oneâis actually unsurpassed. He and, I think, Greg OâConnor are probably neck and neck amongst the two Labour members who are able to deliver the fallacy of the straw man argument, and then argue and berate and belittle the people that didnât actually make the argument.
I quote him from his first reading speech. He was surprised to hear me âpooh-pooh[ing] ⌠some of the other work that the Auditor-Generalâs doingâ, saying that the Auditor-General should âshove to one side the work on delivery of healthâ and âshove to one side the work on domestic violence ⌠MÄori equity,â and so on.â Thatâs not what I said at all.
What I said was that this House is owed an explanation about what the veracity and the intentions of the Auditor-Generalâs annual plan for 2021-22 is in respect of those things, important though they are. First principles: core business for the Auditor-General is to audit the statements of account for Crown entities. No oneâs saying that work shouldnât be done. I certainly did not say that work should be shoved to one side, Dr Webb. It is important work, but the Auditor-General has told the Minister and this House that their office has a problem, and the solution is to pass a law to extend the report-back period. I think that in considering that bill, we need to know what the plan is, and for Dr Webb to throw up the straw man argument that I said that those things werenât important or that they should be shoved to one side is patently not correct.
Then we got to Helen White. In fact, it was a good thing I was listening carefully, because she talked and quoted me as saying that Iâd said it was about the quality of the audits, as if that was a slight on the Auditor-General. I said no such thing and I corrected her in her speech in the debate. I talked about the confidence in the auditsâanother straw man argument that is to be defeated.
Then we heard from the Ministerâactually, in his second reading speechâaccusing my colleague and friend the Hon Gerry Brownlee of throwing open the doorsâa wholesale opening of the border. No such thing was said by Mr Brownlee. It certainly isnât being suggested by any member of the National Party. But the irony of the Government solving its own problems but leaving companies to the wolves of the problems that they have in getting staffâ300 teachers? âNo worries, weâll open the border.â Need some horticulture workers, some hospitality workers, some skilled migrants? âForget itâforget it.â
đŹ Angela Roberts: 17,000.
17,000. Does the member know what it used to be?
đŹ Anna Lorck: Weâre in COVIDâweâre in COVID.
The member willâweâll come to Anna Lorck in a minute, with that dreamy, singsongy first reading speech that we all heard. Seventeen thousand is a drop in the bucket of what this economy generally relies on. Pre-COVID, at any one time, there were around a quarter of a million temporary migrant workers in this country, whether they were on international student visas, working holiday visas, essential skills visas, or pathways to residence under the skilled migrant category. So to talk about 17,000 as if this is a great big thing actually shows how little these people understand about immigration and migration policy in this country.
So letâs come to Anna Lorck, in her singsongy voiceâdreamyââTwo months, just two months. Two months, just two months.â I think the whole speech used those two words about eight times. So I ask the member and the House: what would happen if I got into trouble with the tax department and just said, âOh two months. Donât worryâjust two months.â? Or if my driverâs licence or my firearms licence or my motor vehicle registration expired, and I just said, âThatâs OK. Two monthsâjust months.â Remember, according to Anna Lorckâ
ASSISTANT SPEAKER (Hon Jacqui Dean): Order! Order! I would invite the member to return a little more closely to the bill.
The bill is about extending the report back for audits by just two months. But I draw to the Houseâs attention the Governmentâs inconsistency in the approach to people in need.
Now, we talked a little bit about the reasons why the Auditor -Generalâs office is in this state, and the 200 auditors short across the country, so my question is: whatâs the plan? Is this a palliative measure? Yes.
đŹ Hon Stuart Nash: Extend it for two months. This bill is theâ
Oh, exactlyâthank you. The Hon Stuart Nash has just admitted this is the plan. The only plan the Government has got is to delay. Never mindâand the Minister did remind us that we were here last year, albeit I have to point out that the extension was for just six weeks and it was for just one year. So weâre going for a longer extension for a longer period of time, and last year we had COVID. It had nothing to do with the staffing issues in the Audit Office, so weâre applying the same solution to a different problem. But Mr Nash has just told us that the Government has no plan to fix the problem. Itâs just pass a law and hopeâpass a law and hope.
So what do we know about the Governmentâs attempts to train more auditors? Where is the graduate recruitment programme? Where are the salary expectations going to go, because they didnât give the Auditor-General any more money to meet the market, which is the thing that the Government has told every other company they need to do. âOh, canât find staff? Pay more.ââright. When it comes to the Government: âCanât find auditors? Oh, weâll just delay things for a bit.â Whatâs good for the goose should be good for the gander.
So whereâs the retention strategy? How long are they going to take to fix this problem? [Interruption] Oh, theyâre up like meerkats nowâgood. We might have a decent debate in the committee of the whole House.
đŹ Andrew Bayly: Hopefully, theyâre going to speak for 10 minutes each.
Yeah, well, thatâs right. It couldnât be any worse than the speeches weâve heard so far.
No plan, and, as I said in my first reading speech, the bill overkills the problem. The Auditor-General wrote to the Minister of Finance and Mr Bayly setting out exactly how they intended to go about fixing the problem, but thatâs not what the bill does. The bill throws a much wider blanket over the problem. It just says for all Crown entities and all local government organisations and council-controlled organisations, a two-month extension. Itâs not. Thereâs more thanâ
đŹ Anna Lorck: Two months.
âTwo months.ââthere she goes. Sheâs backââTwo months, just two months.â
So Iâm going to indicate to the House that in the committee of the whole House, I and my colleagues will be tabling amendments to the bill to do what the Government hasnât done, and that is introduce a bill that is aligned with their policy intent. One would think that that was âPolitics and Policy 101â, but no, noâlazy Government, lazy bill. So weâll do their job for them.
If they want a two-month extension for certain organisations, name the organisationsâname the organisations. Weâll be tabling amendments that list the large DHBs that the Auditor-General wants to do first, that list the large Crown entities that he thinks are more important than some of the others, and that list the city councils that are larger. I think thereâs a questionâand weâll debate this, I think, in the committee of the whole Houseâabout the degree to which size and risk are actually closely correlated. Thatâs not always the case; in fact, weâre going to give an exemption to the Human Rights Commission, because I think they certainly need to have the bonnet lifted on their spending to make sure that itâs appropriate. So they wonât get a two-month extension according to the tabled amendments that weâre going to put.
There is so much more to talk about in this bill and in this debate, and I look forward to it. As Ms Lorck said, âI can go all night.â
I rise in the second reading of this bill to support it. This is a really simple bill, and if we stick to actually what itâs about, it wonât take long. This is a two-month extension. It is an extension to audits that are due on 30 June, and it is going to allow the Auditor-General to act like a grown-up.
It is very interesting to hear the National Party suggest that we should micro-manage such an important and independent role. I do not agree. I commend this bill to the House.
TÄnÄ koe, Madam Speaker. TÄnÄ koutou e te Whare. The Green Party is supporting the bill. We did not support the urgency motion, but we do think the bill is perfectly reasonable and that there are extenuating circumstances. COVID has changed everything for everyone and it has resulted in quite an additional workload to the Auditor-General for issues that are not statutory requirements but are very much in the public interest. Many of the audits theyâve undertaken related to COVID have meant that theyâve had less capacity. Of course thereâs issues affecting the workforce. Thatâs made clear in the disclosure statement, and thatâs something that is affecting many institutions and organisations across New Zealand at the moment, again, related to COVID. So a two-month extension is reasonable, itâs simple, and itâs going to mean that the proper scrutiny can be applied to annual reports. We do want that proper scrutiny.
Of course, I did make the point in my first reading speech that in the medium to long term to deal with these issues, we have to improve the capacity of the Auditor-General and the capacity of the Public Service to deliver these types of public goods. For that we require revenue, for that we require a fair tax system, and for that we might need the wealthiest New Zealanders to make a much bigger contribution and a much fairer contribution to this country and the public institutions that serve all of us.
Of course, the lowest-income people and those on medium incomes probably pay too much tax, but thatâs only because we donât tax capital, we donât tax wealth, and so the real bludgers are the people who own heaps of properties who will pay nothing on their windfall gains over the last year, where weâve had an over 100 percent increaseâ
đŹ Maureen Pugh: Theyâre called hard workers, not bludgers.
Oh yeah, itâs hard work sitting on some propertyâIâll just respond to Maureen Pugh there. I know, as a property owner, itâs not hard work. I bought a house at the right time in the right place and itâs increased in value due to nothing Iâve done, and I would happily pay tax on the increase in that value, as would most hard-working New Zealanders who care about this country and want to invest in the shared public good for this countryânot like those selfish people to my right.
Iâd just like to commend this bill to the House, because I think what Mr Woodhouse said tonightâhe said that we should be paying auditors more, and yet back in April, all parties supported an address that adjusted the Offices of Parliament for the financial year just ended, and no mention by National at the time for any further funds for staffing. Outrageous argument. I commend this bill to the House.
Thank you very much, Madam Speaker. I rise to talk on the second reading of the Annual Reporting and Audit Time Frames Extensions Legislation Bill. Gosh, itâs tiresome listening to the other side of the House talk about this being a minor changeââDonât worry; itâs just a simple thing that we need to push through.â What that demonstrates is a complete lack of understanding of what we are talking about here this evening and the fact that, actually, this is a very serious matter.
I refer to the department disclosure statement part one, where it refers to the key issue, and I quote: âto mitigate the impacts of a severe shortage of auditors on obtaining robust audit opinions on end-of-year reporting.â I could change the word âauditorâ to pretty much any other role in this country and that would still have the same impact. The reality is these auditors are symptomatic of a much broader problem around workforce and a problem that this Government is failing to take action to deliver the results required. Why, I guess, is an important issue. Why do we have a significant shortage of auditors? Well, Iâll tell you why: the workforce vacancies forâ
ASSISTANT SPEAKER (Hon Jacqui Dean): Order! Order! The member wonât tell me why. The member will keep the Speaker out of the debate.
The workforce vacancies for auditors in New Zealand is a result of stopping of immigration for normal secondees from overseas. In terms of the audit workforce within this country, a huge element of that is new secondees coming from overseas to fill the junior roles. Those taps for that workforce pipeline have basically been turned off.
Whatâs happening when the auditors reach two to three years of experience is they are then transitioning rapidly into industry and other jobs. Basically, if you imagine the audit workforce as a sieve, the sieve is leaking workforce with no flow of new workforce coming in the top. And guess who has their hands firmly on the tap of workforce: this Government. So this Government, right here this evening, could make a change to immigration numbers to increase audit secondees into New Zealand to be on the ground within weeks. They could take that action right here, right now. But what have this Government done this evening? They have announced 50,000 offshore visa applications have been cancelled. So they have taken action this evening, while weâve been sitting in this House, to make the severe workforce shortage for auditors and other roles worse, and that is absolutely disgraceful. Looking at the bill, this basically gives us a flavourâthe consequence, I thinkâof a failure to plan and to act.
The bill refers to an extension of eight weeks. Well, if you look at local governmentâwhich I think is a key area which benefits from the value that is added by auditors to identify areas of risk, of issue, of fiscal risk particularlyâthe absence of audit, particularly around where they donât have the capability within their own teams to do that, is going to be extended. So does anyone understand what the implication is of delaying an audit on a business that has significant fiscal problems? Well, you delay highlighting that issue. You delay the ability or the escalation of that issue being raised to management, to governance, and to Government. And what is the result of that? Potentially fiscal losses increase and significantly grow, and that is because action could have been taken earlier to mitigate that fiscal risk. So that is quite clearly a simple consequence of the shortage of workforce but, more particularly, the significant implication of this extension by eight weeks.
What is worse is that the audit workforce, as I understand, are leaving the sector not just for money but also for work-life balance issues. The workload is significant for those few people that are working within the audit sector. The public sector, Audit New Zealand, get paid less than the private sector, and that is very similar in terms of the workforce challenges.
This is a great example of the free market working in perfect synchronicity.
đŹ Ian McKelvie: Great example of it failing.
Or failing, as you may ask. But the Government that can provide a fiscal strategy for 10 years, canât work out how many auditors theyâre going to need for the next two months. So if you do some auditing calculations, itâs about 300 hours per auditor, so Iâm sure that thatâs a function of several things. One isâand it exposes a couple of elements that the ACT Party believes: the need for less regulation but more quality auditing around various projects, light rail, IhumÄtao, looking at State-owned enterprises. So Iâm sure thereâs a massive job going on at KiwiRail, as an example, where largesse has abounded, thereâs been infrastructure investment that has probably been building a business case that hasnât been sustainable.
So we do support this extension, but what we would say is that itâs exposing a planning issue that the Minister of Finance should actually be totally on top of, and I donât understand why his team hasnât foreseen this circumstance. If you look at some of the key principles of auditing, the numbers are either bigger or smaller, theyâre either wider or shorter, and the risks are either defined or not defined. So there are a perception of the shortage of auditors. In Australia at the moment, theyâre actually giving them pay incentives, facialsâbelieve it or notâand massages to get them to go to work. But maybe on this side of the House we should roll our sleeves up and spend recess out doing some auditing just to help out. That would be a good thing.
So in terms of the legislation, I also find it difficult to find out how linear the two months is because you would argue that with statement of intents or with full audits you have to work with your clients, you have to work with your organisation, so will we be back here in another monthâs time for another extension?
Then that takes me on to the last point: in 2019 when pre-COVID was going strong, there was a full auditing compliment in the House at that time and in the committees, so what happened this time around and why are people leaving the industry? Itâs a small amount of people that are actually needed to do this task. You would thinkâit sounds to me like the Government has resourced this in a way that they havenât anticipated the workflow, the quality of auditing, which weâre not arguing with because we support the task that has to be done, but itâs just really management of time and motion.
So in terms of the ACT Partyâs view on the bill, we will support it. But we would also like to consider some serious thought goes into resource and planning because this is just unacceptable. Two months, as I said, is only 300 hours per auditor for a matter of eight weeks. So why did somebody not see this coming? So thank you very much for the talk to the bill.
Sarah Pallett. Five-minute call.
Thank you so much, Madam Speaker. Iâve been sitting in the House this evening listening to a great deal of unedifying waffle and learning that the Opposition is able to speak at length about bills; itâs a shame that they didnât do so about the Biosecurity (Information for Incoming Passengers) Amendment Bill, which is of extreme relevance to not only the entire country, but to the people that they purport to represent. But in doing so, I shall just commend this bill to the House, and thank you.
COVIDâCOVID, public interest, two months. I rest my case. I commend this bill to the House.
I need to start by responding to some of the allegations made in the second reading speech by the Minister of Finance, the mover of this bill. He suggested that somehow I and my colleagues were suggesting that we wanted the border to be opened and people to come flooding in. Now, that was, of course, the sort of gross exaggeration of what was actually saidâso gross, in fact, as to be a complete misrepresentationâbut somewhat typical of what is often said when people know that theyâve got a bill thatâs actually not exactly kosher.
One of the things thatâs really important in this country is that all agencies follow the lawâall Government agencies follow the law. The Auditor-General is an Officer of this Parliament. The Auditor-General would not tolerate, in any circumstance, entities that they are required to audit simply saying, âWe havenât got our audit material prepared. Would you give us a bit of an extension?â Yet the Auditor-General himself has gone to the Minister and pleaded, for whatever reason, that heâs now so depleted of staff that he canât get these audits done in the time required; therefore, could the Parliament please change the law? That is an extraordinary request regardless of the circumstances that might be outlined somewhat, I think, over strenuously by members of the Government. Yes, last year we did support an extension. It was clear that we had gone through a month of total lockdown and subsequent restrictions on peopleâs movements, and it was a reasonable thing to do. But, if we are now to be getting into a position where this could be our normal for quite some time to come, I think we have to be acting still within the law, where possible.
The exemplifier of that type of course of action should be the Office of the Auditor-General. The Office of the Auditor-General would not tolerate any of the local authorities coming to this House with a local bill asking that they be exempt from audit processes for a given period of time. Thereâd be outrage over that. So I think for the Government members to say that this is a simple bill, that it should just be gently ticked through the Parliament without any scrutiny of any great depth, is, I think, a misunderstanding of what the purpose of the Parliament is in the first place. And it is also, I think, very disrespectful of the Office of the Auditor-General, because, while the Office of the Auditor-General will be held by individuals who might have a different interpretation of how they should operate at any given time, the office itself should be one that is required to act with the greatest of integrity and within the law at all times.
So we, on this side of the House, have made the point that other people who do need staff are not able to get them, and while weâre saying, âOK, we donât think that the gates should be flung wide openâ, weâre saying that the Government is being very hard on those businesses in comparison to the way itâs prepared to listen to an Officer of Parliament, effectively, asking the law to be changed to excuse them from their obligations. Thatâs an extraordinary thing, and I would suggest that, while there will be, obviously, more votes cast than just the 65 of the Government, itâs the sort of bill that a Government with a massive majority just decides it can do, particularly under urgency, where there is absolutely no scrutiny whatsoever.
Itâs interesting to look at the departmental disclosure statement on this bill, and throughout it there are a number of questions under a number of topics, and for each one of these, ordinarily when a person goes through these, a member goes through these, theyâre able to get some sense of the level of scrutiny thatâs gone on. But through here we have just a series of the answer âNo, havenât done itâ or âNot applicableâ, and it is one of those sorts of incredibly lightweight documents that leads people who have been around for a while to get quite concerned about what the actual intention of the bill is. So, while weâre seeing that it does apparently just extend the period under which an audit might be conducted, it does not exclude some of the major departments of State from that exemption. It may have been a more acceptable bill if there were some of the smaller organisations, particularly Government entities, not local government, not health boards, but other entities that were to have their audit period extended, but to do it carte blanche, across all of the agencies of the State, seems to me to be an excess.
Whatâs not being discussed here is how this situation has apparently suddenly appeared. It cannot be that just earlier this week the Auditor-General turned up in the Minister of Financeâs office and saidâ
đŹ Hon Grant Robertson: Not this week.
Last week. Heâs now said it was last week. So the Minister may have had a few days to think about it, but was it just the case that the Minister opened the door, in walked the Auditor-General throwing his hands in the air, saying, âIâve lost 27 staff members. I cannot complete my statutory functions in the time span that I am statutorily required to. Therefore, Minister, there will be a requirement for a bill in the House in the name of the Minister of Finance to extend my statutory deadlines.â?
Well, hereâs a question, and weâll discuss this further, Iâm sure, in the committee stage. The Minister technically responsible for an Officer of Parliament is the Speaker. So what advocacy did the Speaker undertake during the time of the Estimates, not for this year but for the last year, when it should have been abundantly clear that there were going to be staffing issues, to try and deal with the reasons why so many of their staff were being poached to other entities? Why was it that there wasnât some long-term contractual arrangements with some of the private auditing houses around the country to have them doing their continuous work in a way that gets it done?
đŹ Hon Grant Robertson: They donât have auditors, either, Gerry.
Well, those are the sorts of questions that need to be answered, because to just suddenly plunge the House into urgency to absolve an Officer of Parliament of their legal responsibilities seems to me to be the sort of excess that onlyâonlyâa majority Government would have a go at. And I think that raises all sorts of concerns on its own.
đŹ Anna Lorck: Thatâs rightâGovernment majority!
Well, Anna Lorck over there, a new MP, says, âWell, thatâs why there is a majority for the Government.ââso that they can do things that they want to. Well, that is interesting if it is policy thatâs been taken to the people and thereâs been choice made on it. Thatâs one thing, but to come in here and use this Parliament to usurp the rights of the Parliament in relation to an Officer of Parliament is, I think, quite a significant contravention of the standards that weâve established in this House over a long period of years.
So itâs not possible for the Speaker to participate in a debate, but unfortunately this bill drags the Speaker into it, because, as the acting Minister, or the Minister responsible for Officers of Parliament, it would be appropriate, I think, to know a view from the Speaker about how this situation materialised. At what point in the last 12 months did the Auditor-General come into the Officers of Parliament Committee and say, âIâve got a staffing problemâsuch a bad staffing problem that I may not be able to meet my statutory obligations.â? Because, at that point, a select committee, with the guidance of the Minister responsible, might have been able to come up with a solution that didnât require Parliament to plunge itself into urgency and for the Government to use the club hammer of its absolute majority. So we do see this as a serious bill. We see it, too, as the Government saying one thing for Government agencies and another thing for the private sector.
Major disruptions like COVID require flexibility and pragmatism to overcome. This Government is both flexible and pragmatic. I commend this legislation to the House.
đŁď¸ Spoke in this debate (14)
- Andrew Bayly (New Zealand National Party â Member for Port Waikato)
- Hon Gerry Brownlee (New Zealand National Party â List Member)
- Hon Jacqui Dean (New Zealand National Party â Member for Waitaki)
- Hon Julie Anne Genter (Green Party of Aotearoa / New Zealand â List Member)
- Ingrid Leary (New Zealand Labour Party â Member for Taieri)
- Anna Lorck (New Zealand Labour Party â Member for Tukituki)
- Greg O'Connor (New Zealand Labour Party â Member for ĹhÄriu)
- Sarah Pallett (New Zealand Labour Party â Member for Ilam)
- Hon Grant Robertson (New Zealand Labour Party â Member for Wellington Central)
- Damien Smith (ACT New Zealand â List Member)
- Simon Watts (New Zealand National Party â Member for North Shore)
- Dr Duncan Webb (New Zealand Labour Party â Member for Christchurch Central)
- Helen White (New Zealand Labour Party â List Member)
- Hon Michael Woodhouse (New Zealand National Party â List Member)